Althus Erasmus should count himself lucky. This week, the labour court ruled that Eskom, the struggling power utility, had unfairly overlooked him for a senior job based on his skin colour.
The utility’s defence for overlooking Erasmus was that white males were overrepresented by 16% at that level. When he lodged a grievance, Eskom failed to provide him with satisfactory explanation.
The matter was subsequently escalated to the Commission for Conciliation, Mediation and Arbitration. This too failed to resolve the matter. Probably exhausted and outspent by Eskom, his union Solidarity petitioned the court.
This week, the labour court ruled that Eskom had erected “an absolute barrier” to shortlisting white men. Crucially, it ordered Eskom to pay Erasmus an equivalent of 18 months’ salary. Ordering Eskom to give Erasmus the job would have further prolonged the dispute through litigation.
Eskom was ordered to review its recruitment processes to avoid a repeat. It is significant that the judge did not rule that affirmative action is unlawful. But it suggests that the policy could be abused and misapplied. This deprives the likes of Eskom access to critical skills.
Undoubtedly, there are thousands of Erasmuses in the public and private sectors. Most suffer in silence or leave the country, unlike Erasmus. The lesson from this is simple. There is nothing wrong with pursuing workplace transformation. But this must be done in a thoughtful and sensitive manner.
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